Willoughby v. Holderness
Supreme Court of New Hampshire
Assumpsit, on a promissory note for $375.48, dated January 22, 1879, payable to the plaintiff’s intestate, Rebecca Gale. Reported in 62 N. H. 227. Facts found by the court. Daniel Lee, a resident of Holderness, enlisted into the military service of the United States September 8, 1862, and was counted on the quota of men required from Holderness.
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Assumpsit, on a promissory note for $375.48, dated January 22, 1879, payable to the plaintiff’s intestate, Rebecca Gale. Reported in 62 N. H. 227. Facts found by the court. Daniel Lee, a resident of Holderness, enlisted into the military service of the United States September 8, 1862, and was counted on the quota of men required from Holderness. The selectmen, agreeably to a vote of the town to pay a bounty of $200 to residents enlisting into the service, gave Lee a note for $200, payable to his order. Lee, without endorsing the note, left it with William Gale for safe keeping, went with his…
1Opinion of the CourtSmith, J.
The plaintiff cannot recover. William Gale had no authority to surrender the Lee note and take a note payable to himself. There is a total failure of consideration. A judgment in this suit would not bind Lee’s administrator, if one should be appointed, nor prevent his recovery upon the original note. When an administrator of Lee’s estate is appointed, he may be made plaintiff instead of Willoughby. Hazen v. Quimby, 61 N. H. 76; Buckminster v. Wright, 59 N. H. 153; Boudreau v. Eastman, 59 N. H. 467; Chauncy v. Ins. Co., 60 N. H. 428.
Case discharged.
Allen, J., did not sit: the others concurred.
A…
2Cases cited4 opinions
- Boudreau v. EastmanSupreme Court of New Hampshire · 1879
- Buckminster v. WrightSupreme Court of New Hampshire · 1879
- Chauncy v. German American Ins.Supreme Court of New Hampshire · 1881
- Hazen v. QuimbySupreme Court of New Hampshire · 1881
3Cited by3 opinions
- National Marine Underwriters, Inc. v. McCormackSupreme Court of New Hampshire · 1993
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- Atwood v. BerrySupreme Court of New Hampshire · 1935